Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED CORRESPONDENCE
This is in response to the papers filed 07/24/2023 and the election made 10/20/2025 for Application No. 18/225,529. By the amendment, claims 1-20 are pending with claims 6-12 and 15-20 being withdrawn.
Election/Restrictions
Applicant's election with traverse of subcombination group I, represented by claims 1-5, 13 and 14 in the reply filed on 10/20/2025 is acknowledged. The traversal is on the ground(s) that all the inventions of claims 2-20 are “not distinct as claimed” from claim 1 under classification B60K 11/08 and B60K 13/00. This is not found persuasive because 1) each of the VII subcombinations (inventions) disclosed as usable together in a single combination (see page 5 of action mailed 08/29/2025), 2) at least one of the seven inventions is separately usable and 3) they do not overlap in scope and are not obvious variants of one another. There would be a serious search and examination burden for the seven invention groups if restriction were not required. In other words, these groups would require to be searched in classification, for instance, B60K 11/00 – B60K 11/085 and B60K 13/00 – B60K 13/06 (for claim 1) and additional different field of search in classes/subclasses B60K 11/02, 13/02, 13/04, 15/01; B60R 7/04, 5/04, 16/04; B60N 1/919; E05B 83/36, 11/06; and E05Y 2900/55 in view of separate status in the art due to their recognized divergent subject matter. Therefore, extensive consideration and prior art analyzing for these inventions (subcominations) would be required. Furthermore, in response to applicant’s comment that claim 1 was not listed in part of the subcombinations, this is because the seven (VII) subcombinations or invention groups depend from independent claim 1 and would require all the limitations of the claim.
The requirement is still deemed proper and is therefore made FINAL.
Applicant is reminded that when replying to a restriction requirement, new identifier status of a new set of amended claims should be present to avoid receiving a notice of non-compliant in the future Office action. See MPEP §714 (C). In order to advance prosecution, claims 1-5, 13 and 14 are being examined in the current Office action.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 02/08/2021. It is noted, however, that applicant has not filed a certified copy of the CN-2021/10184325.X application as required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDSs’) received on 07/24/2023 and 12/07/2023 have been considered by the examiner.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Dube et al. (US 2017/0029035 A1).
Regarding claim 1, Dube discloses a side-by-side utility vehicle (10) comprising:
a pair of front wheels (14A) and a pair of rear wheels (14B), with a ground reference plane (see fig. 4C) being defined as a horizontal plane (i.e., a horizontal plane includes line 363) where the wheels (14A,14B) contact with the ground (shown in figs. 1 and 4), with a longitudinal mid-plane (i.e., longitudinal mid plane includes center line 8) being defined as a vertical plane where a center line (8) of the vehicle in a width direction is located, the longitudinal mid-plane being perpendicular to the ground reference plane (see figs. 1 and 4A,B,D), and with a wheelbase distance being defined within the ground reference plane between the front wheels (14A) and the rear wheels (14B; fig. 1);
a frame (12) supported by the front wheels (14A) and the rear wheels (14B);
a cockpit (20) supported by the frame (12), with a steering mechanism (26) and at least one or more seat (17A) arranged inside the cockpit (20);
a prime mover assembly (i.e.., made up of at least members 44, 116 and engine 50) supported by the frame (12), the prime mover assembly (44,50,116) comprising
an engine (50), a transmission assembly (116) coupled to the engine (50) and a gear shift assembly (44) coupled to the transmission assembly (116), the engine (50) having at least one internal combustion cylinder (50A,50B);
a drive train (110, 116, 128, 142; par. [0147]) coupled to the prime mover assembly (44,50,116) to drive at least one of the front wheels (14A) and the rear wheels (14B); and
an intake and exhaust system (64, 93, 176, 178; annotated fig. 4C, par. [ 0140]) comprising
a combustion air intake manifold (see annotated fig. 4C below, “AIM”), a combustion exhaust manifold (93; fig. 4C), a cooling air intake manifold (figs. 4A/4B, annotated fig. 4C; par. [0149], i.e., connected to intake conduit 176, not labeled) and a cooling air outlet manifold (par. [0149]; annotated fig. 4C, “AOM”), the combustion air intake manifold (AIM) and the combustion exhaust manifold (93; fig. 4C) being coupled to the internal combustion cylinder (50A,50B), and the cooling air intake manifold (figs. 4A/4B, annotated fig. 4C; par. [0149], i.e., connected to intake conduit 176, not labeled) and the cooling air outlet manifold (AOM) being coupled to the transmission assembly (116);
wherein the combustion air intake manifold (AIM) is closer to the seat (17A) than the combustion exhaust manifold (93; fig. 4C), and the combustion air intake manifold (AIM) and the combustion exhaust manifold (93; fig. 4C) are located on the same side of the longitudinal mid-plane;
wherein the cooling air intake manifold (figs. 4A/4B, annotated fig. 4C; par. [0149], i.e., connected to intake conduit 176, not labeled) and the cooling air outlet manifold (AOM) are located on the same side of the longitudinal mid-plane (i.e., longitudinal midplane includes center line 8), and the combustion air intake manifold (i.e., air intake manifold AIM located adjacent to the center plane shown in fig. 4C and annotated fig. 4C below) and
the cooling air intake manifold (figs. 4A/4B, annotated fig. 4C; par. [0149], i.e., connected to intake conduit 176, not labeled) are respectively located close to the longitudinal mid-plane (see annotated fig. 4C below).
Dube discloses the claimed invention includes the cooling air intake manifold AIM located on/by the center of the midplane and the combustion air intake manifold located on the far-right or passenger side, i.e., both are close to one another for compactness. However, Dube does not specifically teach they are respectively located on opposite sides of the longitudinal midplane, i.e., adjacent to one another with respect to the longitudinal midplane. The arrangement of having the intake manifolds on opposite sides with respect to the longitudinal mid-plane is well recognized to a skilled person in the art. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have these manifolds respectively located on opposite sides of the longitudinal mid-plane, for allowing customization options as the predictable results of contributing to both aesthetic and performance aspects of the engine, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04 VI. (C). Other advantages of having both intake manifolds positioned on the opposite sides would enhance the way air enters the engine. However, the arrangement of these components placed on either the same side or opposite sides would not change the way the vehicle works and would perform equally well.
Dube further teaches wherein the internal combustion cylinder (50A,50B) defines a cylinder head mid-point and the seat (17A) defines a seat beam front point (see annotated fig. 4D below; par. [0139]), however, Dube does not specifically teach the ratio with respect to the lengths of the distances between the cylinder head mid-point and the seat beam front point to the wheel base in a range from 0.22 and 0.49.
It is well recognized to a skilled person in the art for having a particular ratio range of the distances between the components with respect to the engine assembly in a vehicle in order to improve overall handling, cornering and stability. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the modified vehicle of Dube, with a reasonable expectation of success, to have a ratio of distances between the cylinder head mid-point and the seat beam front point to the wheel base in the range from 0.22 to 0.49 for the purpose of having even weight distribution such that understeer/oversteer can be minimized at high speeds or during abrupt maneuvers. In addition, one of an ordinary skill in the art would have recognized that the optimum range of the ratio between the distances of the cylinder head mid-point and the seat beam front point to the wheel base from 0.22 to 0.49, as matter of design choice known to one skilled in the art, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering optimum or workable ranges in number of a ratio of distances between two components involves only routine skill in the art. In re Aller, 105 USPQ 233.
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Annotated Figure 4D Annotated Figure 4C
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Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Dube et al. (US 2017/0029035 A1) in view of Roy et al. (US 2018/0222395 A1).
Regarding claim 2, as modified, the side-by-side utility vehicle of claim 1, Dube further teaches wherein the seat beam front point (see annotated fig. 2B below, “SBFP”) is defined as a projection of a midpoint in a front end face of a seat support main beam (see annotated fig. 2B below, “SSMB”) on the longitudinal mid-plane (figs. 2E, 3A; paragraphs [0118 – 0119]);
wherein a storage space (fig. 3B; par. [0115]; storage space 40) is defined under the seat (17A);
wherein a storage box (figs 1 and 3A; par. [0116], i.e., left/middle/right storage boxes 42, 43). As shown in Figure 3A, Dube appears to have a lid covering the storage boxes but does not specially mention it. Storage containers or boxes mounted under a vehicle seat that include an upper opening and a cover for keeping items within the box and having access to the storage box/container is old and well recognized to a skilled person in the art.
Roy teaches a storage container (fig. 9B, i.e., three containers 200 with an upper opening) for a vehicle includes an upper opening and a cover or lid 204. See Figures 9-14.
It would have been obvious to an ordinary skill in the art before the effective filing date of the invention for Dube, with a reasonable expectation of success, to have an upper opening arranged in the storage space and either a storage box cover is arranged between the storage box and the seat, or the seat(s) are capable of closing the opening of the storage box as taught by Roy in order to provide access to the storage box and the lid to cover the materials or items disposed within the container/box during operation of the vehicle.
Regarding claim 3, as modified, the side-by-side utility vehicle of claim 2, Dube further teaches wherein a seat bracket (340, figs. 4D, 6A, 7A; par. [0120]) is fixed to the frame (i.e., seat bracket 340 is indirectly fixed to main frame 12; par. [0120]), the seat bracket comprising:
a seat support cross beam (256, fig. 10A) fixed to the frame (12), with the seat support main beam (i.e., seat support L-shaped/angle main beams SSMB indirectly connected to seat support cross beam 256; paragraphs [0118 – 0119]) connected to the seat support cross beam (256), and
a plurality of seat support legs (312’, fig. 4D; par. [0120]), each with one end connected to the seat support main beam (SSMB) and another end fixed to the frame (12; par. [0192]), with the plurality of the seat support legs being respectively distributed on both sides of the seat support main beam (256, figs. 4D, 7A; par. [0120]).
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Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Dube et al. (US 2017/0029035 A1) in view of Ohana et al. (US 2020/0406847 A1).
Regarding claim 13, the modified, side-by-side utility vehicle of claim 1, Dube further teaches wherein a cabin back plate (pars. [0109], [0111]; figs. 3A-3D, i.e., the rear wall or firewall 25) is arranged behind the seat (figs. 3A-3D, pars [0109]), with an electronic control unit access port cover (par. [0111]; figs. 3C, i.e., the right portion 25b of the lower portion of the rear wall 25 can be detached to access the vehicle’s battery 48 disposed rearwardly thereof) arranged on the cabin back plate (25);
wherein the electronic control unit access port cover and a combustion intake air filter are respectively located on the same side of the longitudinal mid-plane (figs. 3C; [0144], i.e., the air filter disposed inside of the air box 72 is located on the passenger side and the electronic control unit access port cover of the lower portion 25b of the rearwall 25, i.e., by the location of the vehicle’s battery 48, is located on the right side of the vehicle).
However, Dube does not specifically teach the electronic control unit access port cover and the combustion intake air filter are respectively located on the opposite sides of the longitudinal mid-plane for improved serviceability.
The use of having an engine air filter and an electronic control unit access port cover on the opposite sides respectively to the longitudinal mid-plane is well recognized to a skilled person in the art. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have the combustion air filter and the electronic control unit access port cover respectively located on opposite sides of the longitudinal mid-plane, for reducing risk of contamination during maintenance, e.g., by minimizing the risk of having debris falling into the engine intake during a filter change etc., since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04 VI. (C). In addition, other advantages of having these components located on the opposite sides improves serviceability/accessibility and enhance filtration or dirt handling. However, having them located either on the same side or opposite sides would not change the way the vehicle works and would perform equally well.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Dube et al. (US 2017/0029035 A1) in view of Yang (WO 2015/085501, machine translation).
Regarding claim 14, the modified side-by-side utility vehicle of claim 1, Dube further teaches wherein a dashboard panel is arranged inside the cockpit (20) includes electronic modules but does not specifically teach an incoming reminder event. The use of having an upcoming event or incoming call reminder notification that display on a screen of a vehicle’s dashboard for convenience and to reduce driver’s distraction during operation is well known in the art.
Yang teaches a screen control device and touch control terminals include a reminder event displays on a display screen of car computers and being configured to display an incoming call reminder. See page 4, paragraphs 2 and 3, and first paragraph on page 11, machine translation.
It would have been obvious to an ordinary skill in the art before the effective filing date of the for the modified vehicle of Dube, with a reasonable expectation of success, to include a notification application such as an incoming call reminder module arranged on the dashboard panel as taught by Yang in order to improve the operation convenience and smoothness of the touch terminal. See page 2, paragraph 5 and the Abstract,
Allowable Subject Matter
Claims 4-5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4, the prior art of record fails to disclose or render obvious a side-by-side utility vehicle of claims 1-2 and in combination with the features recited.
Claim 5 is allowable as being dependent upon an allowable base claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Proulx et al. (US 2017/0029036 A1; US 20170028881 A1) discloses an off-road wheeled side-by-side vehicle includes an airbox 72 and an engine 50 are disposed longitudinally rearward of a driver seat base 17A on the passenger seat base 18A/19a and a storage space 40 extends below and above a horizontal plane passing through a lower surface of the passenger seat base 18A/19A disposed in a seating position, see Figures 2B-4D, 6 and 7;
Deckard et al. (US 2015/0259011 A1) discloses a utility vehicle having a frame, a rear utility bed positioned rearward of the operator’s compartment and a base member 1350 is removably coupled to seat mounting bracket 126, and in particular, the engagement between mounting pin 444 and mounting bracket 1356 allows seats 62, 64 to be released from seat mounting bracket 126 without tools, see Figures 1-8 and 60-65; and
Bastien et al. (US 10,399,435 B2) discloses a side-by-side off-road vehicle includes an air intake system 110 also includes an intake manifold 116 fluidly connected to the engine 72, see Figures 4-5 and 13-15.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tinh T Dang whose telephone number is (571)270-1776. The examiner can normally be reached Monday - Friday, 9AM - 5PM.
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/TINH T DANG/Primary Examiner, Art Unit 3655